DEUTSCHE BANK NATIONAL TRUST COMPANY 2006 2006 v. LISA ANN DOWD LISA DOWD (2017)

District Court of Appeal of Florida, Fourth District.

DEUTSCHE BANK NATIONAL TRUST COMPANY, As Trustee for Fremont Home Loan Trust 2006-3, Asset-Backed Certificates, Series 2006-3, Appellant, v. LISA ANN DOWD a/k/a LISA A. DOWD, Appellee.

No. 4D16-588

Decided: March 15, 2017

Sara F. Holladay-Tobias and C.H. Houston, III of McGuireWoods LLP, Jacksonville, for appellant. Evan M. Rosen of the Law Offices of Evan M. Rosen, P.A., Fort Lauderdale, for appellee.

On appeal from mortgage foreclosure proceedings, a bank challenges the trial court's order involuntarily dismissing its case against a borrower based on its determination that the bank failed to prove its standing to foreclose. After reviewing the record, we determine the bank presented competent, substantial evidence that it possessed the blank-endorsed note at the time suit was filed and thereby demonstrated that it had standing to foreclose at the inception of the suit. See Bolous v. U.S. Bank Nat'l Ass'n, 41 Fla. L. Weekly D2448 (Fla. 4th DCA Nov. 2, 2016); Deutsche Bank Nat'l Trust Co. v. Marciano, 190 So. 3d 166 (Fla. 5th DCA 2016).

We therefore reverse and remand for reinstatement of the final judgment of foreclosure.

Reversed and remanded with instructions.

PER CURIAM.

CIKLIN, C.J., DAMOORGIAN and GERBER, JJ., concur.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network